our next guest says this rises to the level of impeachable defense. let's table impeachable for a moment. that's a hot button word getting people upset. >> yes. >> but this hearing, they have a congressional hearing on whether the president violated his duty. whether he stepped beyond what he is capable of doing as chief executive of this country. is it so in your view? >> the committee is looking into whether the president has substituted his judgment for that of the congresss. in such a way that he has enforced the law that congress doesn't write because he rewrote it. now look, you and i know this, we're both lawyers. presidents have some discretion. they can go a little easy on some people through prosecution. they can go aggressively on other people. but when the president decides ton prosecute a large group of people and says, in order for me not to prosecute you, you must be a, b, c, d and he made it up and it is not in the statute -- >> what are you talking about prosecute? are you talking about. >> yes. >> that's off point. we are talking abo